TERMS AND CONDITIONS
Welcome to the (www.athletepics.ca) located at http://athletepics.ca website (hereinafter to as the “Website”). This Website, is an Internet-Based/Online Photography Service Portal owned and operated by Canwest Sports Management Inc., a company having its registered office at Unit 108 – 19070 Lougheed Hwy, Pitt Meadows, British Columbia, Canada (hereinafter referred to as “Canwest”, “we”, “us”).
1. Acceptance of Terms
ii. By visiting, accessing or registering on this Website, you unconditionally accept to be bound by the Terms and Conditions provided herein below. These Terms and Conditions apply to and govern your access to and use of the Website owned by Canwest. Access of the Website in any manner, whether automated or otherwise, constitutes use of the Website and your unconditional consent to be bound by these Terms and Conditions. You agree and confirm that the Terms and Conditions may be amended from time to time without notice. Please ensure that you periodically update yourself of the current version of the Terms and Conditions.
Accessing the Website and using the features of the Website may require the User to provide certain personal information like name, birth date, gender, address and phone number (hereinafter referred to as “Content”). Such information provided by the User is free of any cost or charge with respect to such service provided under the Website.
3. User Content Policy
i. The User agrees to provide us with true and accurate information with respect to the name, birth date, gender, address and phone number for the purpose of contacting the User.
ii. The User by posting, submitting or displaying Content on or through the Website, and for the purpose of contacting the User, agrees by own free will and choice by clicking the submit button and have further had “opted-in” to accept the information shared via these e-mails.
iv. It is understood and made clear by Canwest, not to disclose nor provide any information you provide to third parties without your consent. We may disclose them however when there is any possibility of damaging life, health, or properties of yourself as well as the public, and when we need to respond to court orders, legal process, or to any legitimate request by authorities with which we must comply.
v. Canwest may share information you provide with other entity that satisfies information protection standard for the purpose of system maintenance and any other requirement.
vi. The Website may include a variety of features, such as blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Website or to post content and materials for display on the Website. By accessing and using any such features, the User represents and agrees that:
a. the User is the owner of any materials posted or submitted or is posting or submitting such materials with the express consent of the owner of the materials;
b. that the User will indemnify and hold harmless Canwest, its affiliates and each of its respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Website by the User or by others using his username and password.
vii. The User also represents and agrees not to damage the trust and properties of Canwest including but not limited to the compilation of the information provided to the User through the Website.
viii. Canwest have taken commercially reasonable care and precautions to ensure that no viruses / Key Loggers/ Destructive Trojans/ FTP Trojans/ DOS Trojans/ Proxy Trojans/ Software Detection Trojans / Malwares are present on this Website, however, we cannot accept any responsibility for any loss or damage occurring from the use of this Website.
5. Restriction for Website Use
i. The Users acknowledge that Canwest’s Website is a mere platform for promoting and sharing the information pertaining to renewable sector services undertaken by us and share the same between various Users. The Website has no control over third-party content/opinion/advice posted on the Website, which may be available to the Users from time to time.
6. Limitation of Liability
Canwest assumes no liability and shall not be responsible as to the errors or omissions which may occur sometimes. Canwest expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use of the Canwest website or reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Canwest website, regardless of our knowledge thereof. Canwest shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
i. Canwest disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).
ii. Canwest shall not be liable to any person for any loss or damages which may arise from the user of any of the information contained in any of the materials or contents on this Website.
iii. Canwest makes it clear that throughout the Website, there may be provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither Canwest nor its subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Website or on websites linked to by us on the Website.
iv. The Website is provided for informational purposes only and is not intended for trading or investing purposes or for commercial use. Any interactions of a User with companies, organizations and/or individuals found on or through our Website, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. The Users agree that Canwest will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
v. It is also agreed that, if there is a dispute between users of the Website, or between a User and any third party, we are under no obligation to become involved, and the User agrees to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Website.
8. Intellectual Property Rights
8.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Canwest owns and reserves all Intellectual Property Rights in all text, programs, products, processes, technology, content and other material, which appear on this Website.
8.2 Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party intellectual property rights. All rights, including copyright, in this Website, are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior written permission.
8.3 You may not modify, distribute or re-post anything on this Website for any purpose, Canwest names and logos and all related products and services, names, design marks and slogans are the trademarks or service marks of Canwest. Access to this Website does not authorize anyone to use any name, logo or mark which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
8.4 All Content available on the Website, is intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No rights, title or interest or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
i. The User acknowledges that whenever he communicates/visits the Website or uses it for his own purpose or someone else and seeks advice/interacts with other users or experts, doctors, consultants or dermatologist available on the Website, he does so electronically.
ii. The User consents to be received via email or by posting notices on the Website. The User agrees all agreements, notices, disclosures and other communications that we provide to you electronically satisfy and legal requirement that such communication is in writing.
iii. It is understood that when a User submits his phone number along with his mailing address or to request a callback, the User consents to receive to your order/ request and other Website related communication.
iv. The User agrees that any comment submitted by him/her will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s), and will not cause injury to any person or entity.
v. The User further agrees that no comments submitted by him to the Website will be libelous or otherwise unlawful, threatening, abusive or obscene material, or certain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
vi. The User agreed not to use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any comments submitted by him. The User remains solely responsible for the content of any comments made by him and agrees to indemnify Canwest and our affiliates for all claims resulting from any comments submitted by the User. Canwest and its affiliates take no responsibility and assume no liability for any comments submitted by the User or any third party and the risk, cost and consequences arising thereof.
10. Modifications or Discontinuation of the Website
i. Canwest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. The User agrees that Canwest will not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof.
ii. Canwest may amend the Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via Canwest Website. The revised version of the User Agreement will be effective at the time Canwest posts it on the Website. The Users are advised to regularly check for any amendments or updates to the Terms and Conditions contained in this User Agreement and in Canwest Rules and Policies. By impliedly or expressly accepting this User Agreement. The Users also accept and agree to be bound by Canwest Rules and Policies as provided from time to time in the following hyperlinks: www.solairinc.com
11. Entire Agreement
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Website/ Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website/ Service. Our failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches.
12. Applicable Laws
No delay or omission by Canwest to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Canwest of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
The provisions herein dealing directly or indirectly with disclaimers of warranties, limitation of liability, compliance with laws and regulations, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Canwest.